Tagrobe and gavel

Welcome to the March 7 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

We’re starting our March SCOTUS sitting with a bang as we dive into the new federal judicial vacancy count. Let’s gavel in!

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

SCOTUS accepted two new cases since the Feb. 27 edition. To date, the court has agreed to hear 62 cases for the 2022-2023 term. SCOTUS dismissed one case after it was accepted. Three cases have yet to be scheduled for arguments.

Click the links below to learn more about these cases:

Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited concerns the appropriations clause in Article I, Section 9 of the Constitution. The case originated from the U.S. Court of Appeals for the Fifth Circuit.

Pulsifer v. United States concerns 18 U.S.C. § 3553(f)(1) and the First Step Act of 2018. The case originated from the U.S. Court of Appeals for the 8th Circuit.

Arguments

The Supreme Court will not hear arguments in any cases this week. Click here to read more about SCOTUS’ current term.

Opinions

SCOTUS issued two new opinions since our Feb. 27 edition. The court has issued rulings in seven cases so far this term. Fifty-five cases are still under deliberation.

Click the links below to read more about the specific cases SCOTUS ruled on since our Feb. 27 issue:

Feb. 28, 2023

Delaware v. Pennsylvania and Wisconsin was argued before the court on Oct. 3, 2022.

The case: Several states sued Delaware in U.S. District Court, disputing Delaware’s acquisition of unclaimed funds from MoneyGram official checks. Delaware moved for the U.S. Supreme Court to review the cases as part of its original jurisdiction.

The outcome: The court remanded the decision to the Special Master in a 9-0 ruling.

• To remand means to return a case or claim to a lower court for additional proceedings.

Bittner v. United States was argued before the court on Nov. 2, 2022.

The case: The case concerns the Bank Secrecy Act. The question presented is “Whether a ‘violation’ under the Act is the failure to file an annual FBAR [Foreign Bank and Financial Accounts form] (no matter the number of foreign accounts), or whether there is a separate violation for each individual account that was not properly reported.”

The outcome: The court reversed and remanded the decision of the U.S. Court of Appeals for the 5th Circuit in a 5-4 ruling.

• To reverse a case means to overturn a lower court’s decision.

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

• March 17, 2023: SCOTUS will conference. A conference is a private meeting of the justices.

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. This month’s edition includes nominations, confirmations, and vacancies from Feb. 2 to March 1.  

Highlights

• Vacancies: There have been four new judicial vacancies since the February 2023 report. There are 80 vacancies out of 870 active Article III judicial positions on courts covered in this report. Including the United States Court of Federal Claims and the United States territorial courts, 82 of 890 active federal judicial positions are vacant.  
• Nominations: There were three new nominations since the February 2023 report. 
• Confirmations: There were 12 new confirmations since the February 2023 report.

Vacancy count for March 1, 2023

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Four judges left active status since the previous vacancy count, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial position vacancies. Nominations are subject to U.S. Senate confirmation.

• Judge George Jarrod Hazel retired from the U.S. District Court for the District of Maryland.
• Judge Lynn Hughes assumed senior status on the United States District Court for the Southern District of Texas.
• Judge William J. Martinez assumed senior status on the U.S. District Court for the District of Colorado.
• Judge John Gerrard assumed senior status on the United States District Court for the District of Nebraska

The following chart tracks the number of vacancies in the United States Courts of Appeals from President Joe Biden’s (D) inauguration to the date indicated on the chart.

U.S. District Court vacancies

The following map shows the number of vacancies in the United States District Courts as of March 1, 2023.

New nominations

There were no new nominations since our Feb. 27 issue.

The president has announced 154 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

The Senate has confirmed six nominees since our Feb. 27 issue. As of March 1, the Senate has confirmed 109 of President Biden’s judicial nominees. 

• Jamal Whitehead, to the U.S. District Court for the Western District of Washington
• Araceli Martínez-Olguín, to the U.S. District Court for the Northern District of California
• Jamar Walker, to the U.S. District Court for the Eastern District of Virginia
• Margaret R. Guzman, to the U.S. District Court for the District of Massachusett
• Colleen Lawless, to the U.S. District Court for the Central District of Illinois
• Jonathan Grey, to the U.S. District Court for the Eastern District of Michigan

Comparison of Article III judicial appointments over time by president (1981-Present)

• Presidents have made an average of 93.7 judicial appointments through March 1 of their third year in office.
• President Bill Clinton (D) made the most appointments through March 1 of his third year with 128. President Barack Obama (D) made the fewest with 69.
• President Donald Trump (R) made the most appointments through four years with 234. President Ronald Reagan (R) made the fewest through four years with 166.
• President Ronald Reagan (R) made the most appointments through one year in office with 41. President Barack Obama (D) made the fewest with 13.
• President Bill Clinton (D) made the most appointments through two years with 128. President Barack Obama (D) made the fewest with 62.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on March 20 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Myj Saintyl compiled and edited this newsletter, with contributions from Sam Post.

Welcome to the Dec. 12 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Dear readers, we have come to Day 12 of Month 12 of 2022, and my stars, what a year it has been! We are closing in on the end of the year but by no means the end of SCOTUS term or federal courts activity. Let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted no new cases to its merits docket.

To date, the court has agreed to hear 42 cases during its 2022-2023 term. 

Arguments

The Supreme Court will not hear arguments in cases this week. The court’s January argument sitting begins on Jan. 9, 2023, and is scheduled to conclude on Jan. 18. Click here to read more about the seven cases scheduled for argument in January.

Eight cases have yet to be scheduled for arguments.

Opinions

SCOTUS has not issued any opinions since our previous edition. 

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. 

The Dec. 1 report covers nominations, confirmations, and vacancies from Nov. 2 through Dec. 1. The U.S. Courts data used for this report is published on the first of each month and covers the previous month.

Highlights

• Vacancies: There was one new judicial vacancy. There were 87 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 89 of 890 active federal judicial positions were vacant.  
• Nominations: There were no new nominations. 
• Confirmations: There were three new confirmations.

Vacancy count for Dec. 1, 2022

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

One judge left active status, creating an Article III life-term judicial vacancy. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.

• Judge Frank Montalvo assumed senior status on the U.S. District Court for the Western District of Texas

The following chart compares the number of vacancies on the United States Courts of Appeals on the date of President Joe Biden’s (D) inauguration to vacancies on Dec. 1.

U.S. District Court vacancies

The following map shows the vacancy percentage in each of the United States District Courts as of Dec. 1, 2022.

New nominations

President Joe Biden (D) did not announce any new nominations since the previous report. Since taking office in January 2021, Biden has nominated 142 individuals to Article III positions. For more information on the president’s judicial nominees, click here.

New confirmations

The U.S. Senate has confirmed three new nominees since our previous edition:

• María Antongiorgi-Jordán to the U.S. District Court for the District of Puerto Rico
• Camille Vélez-Rivé to the U.S. District Court for the District of Puerto Rico
• Anne Nardacci to the U.S. District Court for the Northern District of New York

As of Dec. 1, 2022, the Senate had confirmed 87 of President Biden’s judicial nominees—61 district court judges, 25 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

• Presidents have appointed an average of 85 judges through Dec. 1 of their second year in office.
• President Bill Clinton (D) made the most appointments through Dec. 1 of his second year with 128. President Barack Obama (D) made the fewest with 43.
• President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Jan. 9, 2023(!) with a new edition of Robe & Gavel to herald in the new SCOTUS term. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter with contributions from Caitlin Styrsky, Myj Saintyl, and Sam Post.

Welcome to the Dec. 5 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

It is the last week of our December sitting, dear readers, and we have a lot to cover. Let’s dig in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted one new case to its merits docket.

Click the links below to learn more about the case:

Biden v. Nebraska concerns the Biden Administration’s student loan debt relief program. The case originated from the U.S. District Court for the Western District of Texas.

To date, the court has agreed to hear 42 cases during its 2022-2023 term. Thirty-four cases have been scheduled for argument.

During the 2021-2022 term, the court agreed to hear 68 cases. Four cases were dismissed and one case was removed from the argument calendar.

Arguments

The court’s December argument sitting continues on Dec. 5. SCOTUS will hear arguments in five cases this week. Click the links below to learn more about these cases:

Dec. 5, 2022

303 Creative LLC v. Elenis concerns First Amendment challenges and anti-discrimination laws related to the LGBTQIA+ community.

• The question presented: “Whether applying a public-accommodation law to compel an artist to speak or stay silent violates the free speech or free exercise clauses of the First Amendment.”

MOAC Mall Holdings LLC v. Transform Holdco LLC concerns Section 363(m) of the U.S. Bankruptcy Code and whether it limits appellate courts’ jurisdiction over certain cases that involve a sale order.

• The question presented: “Whether Bankruptcy Code Section 363(m) limits the appellate courts’ jurisdiction over any sale order or order deemed ‘integral’ to a sale order, such that it is not subject to waiver, and even when a remedy could be fashioned that does not affect the validity of the sale.”

Dec. 6, 2022

United States, ex rel. Polansky v. Executive Health Resources, Inc. concerns the legal authority and standards required for dismissing claims under the False Claims Act.

• The question presented: “Whether the government has authority to dismiss an FCA suit after initially declining to proceed with the action, and what standard applies if the government has that authority.”

Bartenwerfer v. Buckley concerns a bankruptcy debtor’s liability for another individual’s fraud, even if the debtor was unaware of the fraud.

• The question presented: “May an individual be subject to liability for the fraud of another that is barred from discharge in bankruptcy under 11 U.S.C. (the “Bankruptcy Code”) § 523(a)(2)(A), by imputation, without any act, omission, intent or knowledge of her own?”

Dec. 7, 2022

Moore v. Harper concerns the interpretation of the elections clause in Article I, section 4 of the Constitution, referred to as the independent state legislature doctrine, and whether the Constitution gives state legislatures sole authority to regulate federal elections without oversight from state courts.

• The question presented: “Whether a State’s judicial branch may nullify the regulations governing the “Manner of holding Elections for Senators and Representatives . . . prescribed . . . by the Legislature thereof,” U.S. CONST. art. I, § 4, cl. 1, and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a “fair” or “free” election.”

Opinions

SCOTUS has not issued any opinions since our previous edition. 

Between the 2007 and 2021 terms, SCOTUS issued opinions in 1,128 cases, averaging 75 opinions per year. During that period, the court reversed a lower court decision 805 times (71.4%) and affirmed a lower court decision 315 times (27.9%).

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

• Dec. 9, 2022: SCOTUS will conference. A conference is a private meeting of the justices to consider cases.
• Dec. 12, 2022: SCOTUS will issue orders.

Federal court action

Nominations

There have been no new nominations since our Nov. 28 edition.

The president has announced 141 Article III judicial nominations since taking office on Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

Committee action

The Senate Judiciary Committee has reported 11 new nominees out of committee since our Nov. 28 edition.

The following nominees were reported to the full U.S. Senate for a confirmation vote on Dec. 1, 2022: 

• Anthony Johnstone, to the U.S. Circuit Court for the Ninth Circuit
• Maria Araújo Kahn, to the U.S. Circuit Court for the Second Circuit
• Daniel Calabretta, to the U.S. District Court for the Eastern District of California
• Matthew Garcia, to the U.S. District Court for the District of New Mexico
• Margaret R. Guzman, to the U.S. District Court for the District of Massachusetts
• Jeffery P. Hopkins, to the U.S. District Court for the Southern District of Ohio
• Lindsay Jenkins, to the U.S. District Court for the Northern District of Illinois
• Araceli Martínez-Olguín, to the U.S. District Court for the Northern District of California
• Adrienne Nelson, to the U.S. District Court for the District of Oregon
• Jamar Walker, to the U.S. District Court for the Eastern District of Virginia
• Jamal Whitehead, to the U.S. District Court for the Western District of Washington

Confirmations

The U.S. Senate has confirmed two new nominees since our previous edition:

• Anne Nardacci, for the U.S. District Court for the Northern District of New York
• Camille Vélez-Rivé, for the U.S. District Court for the District of Puerto Rico

As of Nov. 30, the Senate had confirmed 87 of President Biden’s judicial nominees—61 district court judges, 25 appeals court judges, and one Supreme Court justice.

Vacancies

According to the Administrative Office of U.S. Courts, the federal judiciary currently has 88 vacancies, 86 of which are for lifetime Article III judgeships. As of this writing, there are 43 pending nominations.

There are also 29 upcoming vacancies in the federal judiciary, where judges have announced their intention to leave active status.

Looking ahead

We’ll be back on Dec. 12 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Myj Saintyl compiled and edited this newsletter, with contributions from Kate Carsella, and Sam Post.

Welcome to the November 28 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Thanksgiving remains in the air and we’d like to thank you, our readers, for your continued support. We’re grateful for the opportunity to share these updates with all of you. Let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted two new cases to its merits docket.

Click the links below to learn more about each case:

Dubin v. United States originated from the U.S. District Court for the Southern District of Florida. The question presented is whether a person commits aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense.

•  A predicate offense is a crime that may be considered a component of a larger crime.

Jack Daniel’s Properties, Inc. v. VIP Products LLC concerns intellectual property claims, specifically humorous use of another entity’s trademark as a commercial product. The case originated from the U.S. Court of Appeals for the 9th Circuit.

To date, the court has agreed to hear 41 cases during its 2022-2023 term. Thirty-four cases have been scheduled for argument.

During the 2021-2022 term, the court agreed to hear 68 cases. Four cases were dismissed and one case was removed from the argument calendar.

Arguments

The court’s December argument sitting begins on Nov. 28. SCOTUS will hear arguments in four cases this week. Click the links below to learn more about these cases:

Nov. 28, 2022

Percoco v. United States concerns the standard of evidence required to convict individuals of federal fraud and bribery.

• The question presented: “Does a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decision making, owe a fiduciary duty to the general public such that he can be convicted of honest-services fraud?”

Ciminelli v. United States also concerns the standard of evidence required to convict individuals of federal fraud and bribery.

• The question presented: “Whether the Second Circuit’s right to control theory of fraud-which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud-states a valid basis for liability under the federal wire fraud statute, 18 U.S.C. § 1343.”

Nov. 29, 2022

United States v. Texas (2022) The case concerns a state’s ability to challenge the U.S. Department of Homeland Security’s (DHS) guidance on immigration enforcement and whether that guidance violates federal immigration law and the Administrative Procedure Act (APA).

• The questions presented: 
  1. “Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law;
  2. “Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and
  3. “Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2).”

Nov. 30, 2022

In Wilkins v. United States, Larry Steven Wilkins and Jane Stanton own property in Ravalli County, Montana, that is subject to an easement which the U.S. Forest Service manages. In 2017, Wilkins, Stanton, and their neighbors requested that the Forest Service address problems related to alleged sporadic maintenance and increased use of the easement. In response, the Forest Service indicated that all management decisions were at its sole discretion and not beholden to the landowners. The petitioners filed a lawsuit in U.S. District Court under the Quiet Title Act. The government moved to dismiss for lack of subject matter jurisdiction, arguing the Quiet Title Act’s statute of limitations had passed. The District Court and the 9th Circuit both ruled that the petitioners did not have a case because the act’s statute of limitations was jurisdictional.

• The question presented: “Is the Quiet Title Act’s Statute of Limitations a jurisdictional requirement or a claim-processing rule?”

Opinions

SCOTUS has not issued any opinions since our previous edition. 

Between the 2007 and 2021 terms, SCOTUS issued opinions in 1,128 cases, averaging 75 opinions per year. During that period, the court reversed a lower court decision 805 times (71.4 percent) and affirmed a lower court decision 315 times (27.9 percent).

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

• Dec. 2, 2022: SCOTUS will conference. A conference is a private meeting of the justices to consider cases.
• Dec 5, 2022: SCOTUS will hear arguments in two cases.
• Dec. 6, 2022: SCOTUS will hear arguments in two cases.
• Dec. 7, 2022: SCOTUS will hear arguments in one case.

Federal Court Action

Vacancies

According to the Administrative Office of U.S. Courts, the federal judiciary currently has 88 vacancies, 86 of which are for lifetime Article III judgeships. As of this writing, there are 45 pending nominations.

There are also 30 upcoming vacancies in the federal judiciary, where judges have announced their intention to leave active status.

Nominations

President Biden sent one new nomination to the U.S. Senate:

• Scott Colom to the U.S. District Court for the Northern District of Mississippi

The president has announced 142 Article III judicial nominations since taking office on Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

Committee action

The Senate Judiciary Committee has reported no new nominees out of committee since our last edition. 

New confirmations

Since our previous edition, the U.S. Senate has confirmed one new nominee:

• María Antongiorgi-Jordán, to the U.S. District Court for the District of Puerto Rico, on Nov. 15 by a vote of 55-43.

As of Nov. 28, the Senate had confirmed 85 of President Biden’s judicial nominees—59 district court judges, 25 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

• Presidents have appointed an average of 77 judges through Nov. 1 of their second year in office.
• President Bill Clinton (D) made the most appointments through Nov. 1 of his second year with 128. President Barack Obama (D) made the fewest with 43.
• President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Do you love judicial nomination, confirmation, and vacancy information? We figured you might. Our monthly Federal Vacancy Count monitors all the faces and places moving in, moving out, and moving on in the federal judiciary. Click here for our most current count.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Dec. 5 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Myj Saintyl compiled and edited this newsletter, with contributions from Kate Carsella, and Sam Post.

Welcome to the Nov. 7 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Hello again, gentle readers! What an action-packed week we have on our hands: it’s election week, the second week of SCOTUS’ November sitting, and we have a fresh set of monthly data on the federal judiciary to unpack. Let’s mop our brows and gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

If you haven’t yet seen, we’re keeping our readers up to date with special coverage and reporting of the 2022 midterm elections this week. Keep an eye on your inbox for exclusive analysis and results reporting up and down the ballot. You can also visit Ballotpedia for election results and ongoing analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted three new cases to its merits docket.

On Nov. 4, the court granted review in the following cases: 

• Amgen Inc. v. Sanofi originates from the U.S. Court of Appeals for the Federal Circuit and concerns federal patent applications.
• Abitron Austria GmbH v. Hetronic International, Inc. originates from the U.S. Court of Appeals for the 10th Circuit. The case involves the Lanham Act and trademark infringement claims.
• Arizona v. Navajo Nation (Consolidated with Department of the Interior v. Navajo Nation)
•  originate from the U.S. Court of Appeals for the 9th Circuit and concern a water rights dispute over the Colorado River.

To date, the court has agreed to hear 39 cases during its 2022-2023 term. 

Arguments

The Supreme Court will hear arguments in five cases this week. Click here to read more about SCOTUS’ current term.

Nov. 7

• Axon Enterprise, Inc. v. Federal Trade Commission concerns whether federal courts can hear constitutional challenges to the Federal Trade Commission’s (FTC) structure. Axon, a body camera company, acquired a competitor. The FTC ordered Axon to undo the acquisition on antitrust grounds. Axon sued the FTC for violating its right to due process, alleging the acquisition did not violate antitrust law and that the removal protections for the FTC’s administrative law judges are unconstitutional. 
• Securities and Exchange Commission (SEC) v. Cochran concerns the subject-matter jurisdiction of U.S. district courts and questions whether the courts can concurrently hear constitutional challenges to the SEC’s administrative law judges in cases where the SEC has yet to issue a final decision.

Nov. 8

• Mallory v. Norfolk Southern Railway Co. concerns the 14th Amendment’s due process clause and whether a state can require a corporation to agree to personal jurisdiction in order to do business in that state. Personal jurisdiction refers to a court’s authority to issue rulings over the parties in a case. The parties must have minimum contact with the court’s forum—the state—in order for the court to exercise this authority.
• Health and Hospital Corporation of Marion County, Indiana v. Talevski involves the U.S. Constitution’s Spending Clause, allowing Congress to raise taxes and spend money.

Nov. 9

• Haaland v. Brackeen (Consolidated with Cherokee Nation v. Brackeen, Texas v. Haaland, Brackeen v. Haaland) concerns the Indian Child Welfare Act of 1978 (ICWA), governing the removal of out-of-home placement of American Indian children, and the Commerce Clause of the U.S. Constitution.

The court’s December argument sitting begins on Nov. 28. The court will hear arguments in nine cases.

Nine cases have not yet been added to the argument calendar.

Opinions

SCOTUS has not issued any opinions since our previous edition. 

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. 

The Nov. 1 report covers nominations, confirmations, and vacancies from Oct. 2 through Nov. 1. The U.S. Courts data used for this report is published on the first of each month and covers the previous month.

Highlights

• Vacancies: There were two new judicial vacancies. There were 87 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 89 of 890 active federal judicial positions were vacant.  
• Nominations: There was one new nomination. 
• Confirmations: There were no new confirmations.

Vacancy count for Nov. 1, 2022

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Two judges left active status, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.

• Judge Charles Norgle assumed senior status on the U.S. District Court for the Northern District of Illinois
• Judge Stefan Underhill assumed senior status on the U.S. District Court for the District of Connecticut

The following chart compares the number of vacancies on the United States Courts of Appeals on the date of President Joe Biden’s (D) inauguration to vacancies on Nov. 1.

U.S. District Court vacancies

The following map shows the vacancy percentage in each of the United States District Courts as of Nov. 1, 2022.

New nominations

President Biden announced one new nomination:

• Scott Colom to the United States District Court for the Northern District of Mississippi

The president has announced 142 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

The U.S. Senate has confirmed no new nominees since our previous edition.

As of Nov. 1, 2022, the Senate had confirmed 84 of President Biden’s judicial nominees—58 district court judges, 25 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

• Presidents have appointed an average of 77 judges through Nov. 1 of their second year in office.
• President Bill Clinton (D) made the most appointments through Nov. 1 of his second year with 128. President Barack Obama (D) made the fewest with 43.
• President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Nov. 28 with a new edition of Robe & Gavel to herald in the new SCOTUS term. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter with contributions from Caitlin Styrsky, Myj Saintyl, and Sam Post.

Welcome to the Oct. 31 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

It is the last Monday in October, dear readers, and the veil between worlds is at its thinnest. Let us glimpse into a world mysterious yet uncannily familiar to us—one of gavels, benches, robes, and allegations—that of the federal judiciary and Supreme Court! Let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

SCOTUS has not accepted any new cases to its merits docket since our Oct. 11 edition.

To date, the court has agreed to hear 36 cases during its 2022-2023 term. Eighteen cases have been scheduled for argument.

Arguments

The Supreme Court will hear arguments in five cases this week. Click here to read more about SCOTUS’ current term.

Click the links below to learn more about these cases: 

Oct. 31

• Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. President & Fellows of Harvard concern nonprofit organization Students for Fair Admissions, Inc.’s (SFFA) challenges to the University of North Carolina and Harvard University’s admissions programs that the universities’ use of race as a factor in admissions. The group alleges the policies violate Title VI of the Civil Rights Act of 1964 and the 14th Amendment’s equal protection clause. SFFA asked the court to overrule its 2003 decision in Grutter v. Bollinger that upheld the use of race-conscious admissions programs if they were narrowly tailored for a compelling interest. 

SCOTUS consolidated these cases when it granted review on Jan. 24, 2022. On July 22, 2022, the cases were vided, or separated, for arguments.

Nov. 1

• Jones v. Hendrix originates from the U.S. Court of Appeals for the Eighth Circuit. At issue is how federal inmates may challenge the legality of their convictions. The court is asked to consider how to bring legal challenges under federal custody law 28 U.S.C. § 2255 and under habeas corpus. Writs of habeas corpus protect against illegal imprisonment. 
• Cruz v. Arizona originates from the Arizona Supreme Court. John Montenegro Cruz was convicted of capital murder and was sentenced to death in 2005. In Simmons v. South Carolina (1994), SCOTUS held that “in cases where a capital defendant’s future dangerousness is at issue, due process entitles the defendant to inform the jury that he will be ineligible for parole if not sentenced to death.” Cruz alleges that he was not able to inform the trial jury of his future ineligibility and that the state courts’ rejections of his appeals on this matter violated U.S. Supreme Court precedent. SCOTUS’ ruling in Lynch v. Arizona (2016) established that the Simmons rule applies in Arizona. 

Nov. 2

• Bittner v. United States concerns the circumstances and consequences of violating the Bank Secrecy Act. 

During the 2021-2022 term, the court agreed to hear 68 cases. Four cases were dismissed and one case was removed from the argument calendar.

Opinions

SCOTUS has not issued any opinions since our previous edition. 

Between the 2007 and 2021 terms, SCOTUS issued opinions in 1,128 cases, averaging 75 opinions per year. During that period, the court reversed a lower court decision 805 times (71.4 percent) and affirmed a lower court decision 315 times (27.9 percent).

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

• Oct. 31: SCOTUS will hear arguments in two cases.
• Nov. 1: SCOTUS will hear arguments in two cases.
• Nov. 2: SCOTUS will hear arguments in one case.
• Nov. 4: SCOTUS will conference. A conference is a private meeting of the justices. 

Federal court action

Nominations

On Oct. 14, 2022. President Biden announced his intent to nominate Scott Colom to the U.S. District Court for the Northern District of Mississippi.

The president has announced 142 Article III judicial nominations since taking office on Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

Committee action

The Senate Judiciary Committee has reported no new nominees out of committee since our last edition. 

Confirmations

The Senate has confirmed no new nominees since our Oct. 11 issue. 

As of this writing, 84 of President Biden’s Article III nominees have been confirmed since he assumed office.

Vacancies

The federal judiciary currently has 88 vacancies, 86 of which are for lifetime Article III judgeships. As of this writing, there are 45 pending nominations.

According to the Administrative Office of U.S. Courts, there are 30 upcoming vacancies in the federal judiciary, where judges have announced their intention to leave active status.

For more information on judicial vacancies during the Biden administration, click here.

Do you love judicial nomination, confirmation, and vacancy information? We figured you might. Our monthly Federal Vacancy Count monitors all the faces and places moving in, moving out, and moving on in the federal judiciary. Click here for our most current count.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on our list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Nov. 7 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter with contributions from Myj Saintyl, Sam Post, and Caitlin Styrsky.

Welcome to the Oct. 11 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Hello again, gentle readers! It is October and we are in the midst of apple-picking, pie-making, scaring each other and ourselves, and the first argument sitting of the new SCOTUS term. Let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted no new cases to its merits docket.

To date, the court has agreed to hear 36 cases during its 2022-2023 term. 

Arguments

The Supreme Court will hear arguments in four cases this week. Click here to read more about SCOTUS’ current term.

Oct. 11

• National Pork Producers Council v. Ross concerns whether California Proposition 12’s requirements for pork producers to sell pork in the state are constitutional. For more information on the case’s background, click here. 
• Reed v. Goertz concerns a split between the U.S. circuit courts on when the statute of limitations begins to run for a criminal defendant to file a federal claim for DNA testing of crime-scene evidence. Click here to learn more about the case’s background. 

Oct. 12

• Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith concerns copyright law, specifically the Copyright Act’s fair use defense. Click here to learn more about the case’s background. 
• Helix Energy Solutions Group, Inc. v. Hewitt concerns the Fair Labor Standards Act (FLSA) and the legal statute 29 CFR § 541.601, which says certain high-earning employees are exempt from overtime pay. Click here to learn more about the case’s background. 

The court’s November argument sitting begins on Oct. 31. The court will hear arguments in 10 cases.

Eighteen cases have not yet been added to the argument calendar.

Opinions

SCOTUS has not issued any opinions since our previous edition. 

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. 

The Oct. 1 report covers nominations, confirmations, and vacancies from Sept. 2 through Oct. 1. The U.S. Courts data used for this report is published on the first of each month and covers the previous month.

Highlights

• Vacancies: There were six new judicial vacancies. There were 83 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 85 of 890 active federal judicial positions were vacant.  
• Nominations: There were nine new nominations. 
• Confirmations: There were eight new confirmations.

Vacancy count for Oct. 1, 2022

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Six judges left active status, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.

• Judge Ricardo Martinez assumed senior status on the U.S. District Court for the Western District of Washington
• Judge Sal Mendoza, Jr. was elevated from the U.S. District Court for the Eastern District of Washington
• Judge Sarah A.L. Merriam was elevated from the U.S. District Court for the District of Connecticut
• Judge Florence Pan was elevated from the U.S. District Court for the District of Columbia
• Judge Robert David Mariani assumed senior status on the U.S. District Court for the Middle District of Pennsylvania
• Judge Claire Eagan assumed senior status on the U.S. District Court for the Northern District of Oklahoma

The following chart compares the number of vacancies on the United States Courts of Appeals on the date of President Joe Biden’s (D) inauguration to vacancies on Oct. 1.

U.S. District Court vacancies

The following map shows the number of vacancies in the United States District Courts as of Oct. 1, 2022.

New nominations

President Biden announced nine new nominations:

• Anthony Johnstone to the U.S. Court of Appeals for the Ninth Circuit
• Charnelle Bjelkengren to the U.S. District Court for the Eastern District of Washington
• Gordon Gallagher to the U.S. District Court for the District of Colorado
• Jonathan Grey to the U.S. District Court for the Eastern District of Michigan
• Colleen Lawless to the U.S. District Court for the Central District of Illinois
• Orelia Merchant to the U.S. District Court for the Eastern District of New York
• P. Casey Pitts to the U.S. District Court for the Northern District of California
• Ramon Reyes, Jr. to the U.S. District Court for the Eastern District of New York
• Arun Subramanian to the U.S. District Court for the Northern District of California

The president has announced 141 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

The U.S. Senate confirmed eight nominees:

• John Z. Lee to the U.S. Court of Appeals for the 7th Circuit
• Andre Mathis to the U.S. Court of Appeals for the 6th Circuit
• Jennifer Rearden to the U.S. District Court for the Southern District of New York
• Sal Mendoza, Jr. to the U.S. Court of Appeals for the 9th Circuit
• Lara Montecalvo to the U.S. Court of Appeals for the 1st Circuit
• Sarah A.L. Merriam to the U.S. Court of Appeals for the 2nd Circuit
• Florence Pan to the U.S. Court of Appeals for the District of Columbia Circuit
• Arianna Freeman to the U.S. Court of Appeals for the Third Circuit

As of Oct. 1, 2022, the Senate had confirmed 84 of President Biden’s judicial nominees—58 district court judges, 25 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

• Presidents have appointed an average of 75 judges through Oct. 1 of their second year in office.
• President Bill Clinton (D) made the most appointments through Oct. 1 of his second year with 100. President Barack Obama (D) made the fewest with 43.
• President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Oct. 31 with a new edition of Robe & Gavel to herald in the new SCOTUS term. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter with contributions from Caitlin Styrsky, Myj Saintyl, and Sam Post.